Whether it is a one-time sexual assault or ongoing sexual abuse, whether there is penetration or touching over the clothes, such unwanted sexual events are traumatic and devastating for survivors and their families. Survivors of sexual abuse are not only impacted in the short term, but commonly suffer psychological and emotional effects for years after the abuse. Sexual abuse has a unique and complicated impact on the human psyche—particularly when it comes at the hands of trusted authority figures who have, oftentimes unbeknownst to their victims, groomed their targets for abuse.
Survivors have a legal right to hold abusers and the institutions that enabled them accountable. Survivors can seek justice against the abuser though criminal courts but can also seek justice and compensation against the abuser and/or the institutional enabler through a civil lawsuit.
Institutional Sexual Abuse
Sexual abusers often work for or with institutions because it allows a predator ready access to victims. Sometimes, the practices of an institution enable, and even shield, predatory and abusive conduct by predators. Coaches who have one-on-one contact with athletes who are minors, with no supervision, in areas where students or athletes are changing clothes, teachers who are permitted to be in a classroom one-on-one with a student and a closed door are examples.
In many instances, the nature of the institution creates a situation where there is an imbalance of power between the victim and the perpetrator. When there is a power imbalance, a perpetrator may use their position of power or authority to commit sexual assault or abuse. Some examples of relationships that are characterized by a power imbalance include:
- Educators and students
- Coach/trainers and athletes
- Healthcare providers and patients
- Clergy and parishioners
- Common carriers (including cruise lines, taxi and rideshare drivers, or railways) and passengers
When a person in a position of authority—such as a doctor, coach, teacher, or employer—and commits the sexual assault while in that role and using that authority, a civil lawsuit may be brought against the abuser and potentially the institution.
Do I need a civil lawyer?
If you have been sexually abused, you may have a viable lawsuit against those who assaulted or harassed you and the institutions that employed the abuser. Victims, and in certain cases their families, may be eligible for compensation for:
- Medical expenses
- Lost income
- Pain and suffering
- In unique instances, punitive damages
Depending on the facts of your case, the people against whom a lawsuit is filed could include the abuser as well as the institutional enabler. Examples of such institutions are:
- Schools/universities
- Athletic groups that employ coaches, whether local or national
- Hospitals/clinics
- Churches and youth groups
- Cruise lines/railways/taxi and rideshare services
Next Steps
Civil cases generally require survivors of sexual abuse to file a claim within a certain time after the abuse (this is known as the statute of limitations). It is incredibly important for survivors to preserve their rights and file a claim before the statute of limitations expires—failing to do so may bar you from pursuing a claim. Our sexual assault attorneys can advise you of your rights and help ensure you preserve your claims.
Choosing to seek legal support is a meaningful step for a survivor. At Newsome Melton, our sexual assault attorneys have a deep respect for the courage it takes to step forward and demand justice. Every one of our sexual assault cases is handled with sensitivity, compassion, and discretion.
And our records speak for themselves.
Confronting the people and/or institutions who engaged in or enabled sexual assault is an act of great courage. If you believe you or a family member have been a victim of sexual abuse and would like help evaluating your options, please call us today at 407-648-5977 or 888-808-5977. Going over your case with you is always free. And, if we elect to move forward together, you pay no fee unless we recover money on your behalf.